Actually, Donald Trump Could “Red Flag” Chris Cuomo – And Here’s Why

HB19-1177 Colorado Red Flag ERPO Extreme Risk Protection Orders

In the wake of two tragic public mass shootings, one of which the National Gun Violence Memorial actually honored the perpetrator as a gun violence victim, calls for knee jerk gun control legislation has been front and center on both the left and the right.  Prominent Republicans such as President Donald Trump, Congressman Dan Crenshaw, and several senators are calling for “Red Flag” Extreme Risk Protection Order ERPO laws.

And now, after Colorado passed an atrocious “Red Flag” ERPO bill in 2019 – a bill that passed by only ONE vote in the hyper-partisan Democrat controlled legislature with every Republican and three Democrats voting against it – we might be looking at Colorado becoming a blueprint for the whole country, a very terrible idea.

Then yesterday I woke to this tweet from President Donald Trump: “Would Chris Cuomo be given a Red Flag for his recent rant? Filthy language and a total loss of control. He shouldn’t be allowed to have any weapon. He’s nuts!”

I, just like millions of others, had to hunt down exactly what Trump was talking about.  And I did.  Here’s what happened:

A man in New York approached CNN’s Chris Cuomo and called him “Fredo”.  Watch the video for the exact exchange, but here’s a snip…

Cuomo: “You’re going to have a problem”
Man: “What are you going to do about it?”
Cuomo: “I’ll fuckin ruin your shit. I’ll fucking throw you down these stairs”

Now here’s where I think this gets really interesting following Trump’s tweet; Cuomo could actually get Red Flagged for this.  The criteria fits perfectly.  This is why:

1.) He made a violent threat – and even though the threat was regarding stairs, not firearms, it STILL qualifies!  Below is an excerpt from HB19-1177, Colorado’s “Red Flag” ERPO law.  You can access it yourself here, scroll to the bottom of page 8 and top of page 9.

HB19-1177 Colorado Red Flag ERPO Extreme Risk Protection Orders

2.) We know he owns firearms because he has stated that on Twitter in the past.  Again in HB19-1177, it states another qualification is ownership, access to, or intent to posses a firearm.  Read it yourself here, scroll to the bottom of page 8 and top of page 9.

HB19-1177 Colorado Red Flag ERPO Extreme Risk Protection Orders

And his Tweet stating he’s a gun owner:

HB19-1177 Colorado Red Flag ERPO Extreme Risk Protection Orders

Now the person Cuomo threatened wouldn’t be able to bring forth the “Red Flag” ERPO petition (unless, of course, he wanted to state him and Cuomo had an affair in the past), but that person – or anyone for that matter – would be able to approach law enforcement and ask them to do it for him.  Or if an ex-girlfriend of Cuomo’s saw this, or maybe a live-in nanny he’d fired, they’d be able to go right to the court and file the petition themselves.

What happens next?   Well, Cuomo would get a visit from his local law enforcement agency with a temporary “Red Flag” order in hand, along with a search warrant to find all those guns he’s told us he owns.  Within 14 days, he’d be able to go to court and show the judge Trump’s tweet, and convince him or her that he is not a risk to anyone at all – even though he’d made the threats to throw that man down the stairs. If the judge doesn’t agree to return his guns, the order goes into effect for 364 days, during which time Cuomo will have one opportunity to ask the courts to get his firearms – his means of self defense – back. Of course, each time the court considers returning them, the person who brought forth the petition will be alerted and have an opportunity to ask the judge to not return them – FOREVER.

Sounds like some real “common sense gun legislation” doesn’t it?  <insert sarcasm>

But it proves the point of exactly how poorly these laws are written, and that Trump, as misguided (or not?) as his Twitter statement was, it is 110% accurate and not hyperbole at all. 

Gun Memorial Website Honors Dayton, OH Mass Shooter As Gun Violence Victim

Gun Memorial Website Honors Dayton, OH Mass Shooter As Gun Violence Victim Connor Betts

I’ve written about this disturbing “Gun Violence Memorial” website before.  A website that claims to be about honoring victims of gun violence, keeping daily stats, and allowing people to light candles for lost loved ones.  On the surface it sounds genuine, until you start digging deeper and realize they also “honor” perpetrators who are killed justifiably, whether by their victims or by law enforcement.  This website gets their information from the “Gun Violence Archive” another website which on the surface sounds honest, but again, they also count perpetrators as gun violence victims to pump up their numbers. Did you hear the recent mass shooting number for 2019 as 251?  Yeah, they got that from them.  We’ve debunked the Gun Violence Archive’s mass shooting numbers before (and I’ll be doing it again soon).  Click here to read more on that.

It should have come as no surprise to me that one of the latest “gun violence victims” listed on the Gun Memorial site is 24 year old Connor Betts, the mass murderer who killed 9 and injured 27 when he opened fire at popular nightlife area of Dayton, OH this past weekend.  Betts was killed within minutes by police – with a firearm – and because the officer used a firearm, Betts is now another stat, another “gun violence” victim that the anti-gun left is using to push their agenda.  This particular scenario is especially disgusting as they are also using the real victims as well to push for all sorts of gun control, including dangerous “Red Flag” Extreme Risk Protection Order laws.  

Gun Memorial Website Honors Dayton, OH Mass Shooter As Gun Violence Victim Connor Betts

But honestly, it did come as a surprise to even me that this anti-gun group is so hell bent on twisting their numbers to fit their narrative that they would memorialize this particular evil perpetrator.  At the time of this writing, three people have already lit a candle for Betts.  And I must ask the question: does memorializing mass shooters lead to more mass shooters?  

The Denver Westword often uses this same website to validate their stories about gun ownership and/or violence.  And they should be ashamed.

I wrote last year about the memorializing of a 60 year old man who was killed in self defense by a 23 year old woman while he was bashing her head into the guardrail during a Washington road rage incident.  In that instance, eventually the push back to the “Gun Memorial” site was so massive they removed him.  Good.  They should remove Connor Betts too.  In fact, they should remove anyone who was justifiably killed by firearm.  Guns also save lives.  They did for that young woman in Washington, and they did this past weekend in Dayton, OH.

Why “Red Flag” ERPO Laws Are Not The Solution To Mass Shootings

Are "Red Flag" ERPO Laws The Solution To Mass Shootings?

After two devastating mass shootings this past weekend, one in El Paso, TX and the other in Dayton, OH, I woke today to calls for more gun control from politicians spanning the political spectrum.  Those on the anti-gun left have gone so far as suggesting banning nearly every modern day semi-automatic firearm and having police go door to door confiscating them.  And those on the right are calling for “Red Flag” Extreme Risk Protection Order laws in every state.

But is this really the answer?  The suggestion of a door to door gun confiscation would be laughable if these people were joking- but they aren’t.  How any politician believes using what they refer to as “weapons of war” to confiscate “weapons of war” will not turn into a war, is beyond me.  Even the anti-gun, Bloomberg funded website “The Trace” admits there are at bare minimum 20 million civilian owned, modern day sporting rifles in the US, and nearly all of them have never been used to commit a crime.

So what about “Red Flag” laws?  Let’s take a quick look at Red Flag laws and what they do…

“Red Flag” laws are also called ERPO’s or Extreme Risk Protection Orders, a term coined by the anti-gun movement to deter from the negative reputation that came with “Red Flag” legislation.  Don’t be fooled though, they are the exact same thing.  Red Flag laws have actually been around since 1999, although they are quickly rising in popularity.  In fact, Connecticut had a Red Flag law in place when the Sandy Hook shooting happened and California had one in place at the time of the San Bernardino attack, the Thousands Oaks shooting, and the Gilroy Garlic Festival shooting.

The proponents and mainstream media will tell you Red Flag ERPO laws allow family or law enforcement to petition the court to have the firearms removed from someone who is proven to be a danger to themselves or others.

To the general public, this sounds pretty benign, and polling reflects that when the law is presented this way.

But what if I phrased it this way: It’s a law that allows an abusive ex to petition the court, over the phone, for $0, to have the firearms confiscated from an individual they wish to disarm.  The petition is granted based on the lowest evidentiary threshold used in court, a preponderance of evidence (meaning there is a 51% chance that the accusation is true) and when the temporary order is issued by the court, it is coupled with a search warrant.  This means the first time the accused even finds out these proceedings are taking place is when the police are at their door ready to raid their home prepared to take away their means of self defense against the same abusive ex who requested the ERPO – and possibly the means of defense for their children.

Because that is exactly what these laws do.  It is legalized swatting that can be done by a laundry list of family members, former and current roommates, and anyone you have ever been intimate with.  Don’t believe me?  Read through the 30+ pages of HB19-1177 “Red Flag” Extreme Risk Protection Orders that was just signed by the governor here in Colorado.

There is a big difference between supporting the concept of a Red Flag law, and supporting the actual legislation that is being passed. The devil is always in the details.

But do they work?

Well, we already pointed out above three mass shooting in California with one of the broadest Red Flag laws (right behind Colorado’s), as well as Sandy Hook in Connecticut.  So, no, they didn’t work to stop killers in those instances and there is zero evidence they have thwarted any attacks elsewhere.

But what about suicide? Proponents will of course tell you yes, they work.  States like Indiana pointed to stats showing suicide by firearm was decreasing.  Well, turns out it wasn’t.  It was still increasing but not at the projected rate, so they consider that a win.  In addition, suicide by other methods has skyrocketed and Indiana has dropped from 19th in the country for mental health in 2011, to 45th in 2015, and in both 2016 and 2017 suicide was the tenth leading cause of death for all residents over all demographics, and the leading cause for certain demographics.  Their Red Flag law was enacted in 2005.

Why are we seeing these results?  Because these laws have nothing to do with mental health, and everything to do with taking away the guns.  The bill sponsors here in Colorado even admitted that during the month long debate before the bill passed by ONE SINGLE vote with every Republican and three Democrats voting against it.  Watch the video here:

These laws are widely opposed by law enforcement, as they realize the danger they will put their officers and citizens in, as well as the unconstitutionality of the law.  In Colorado, more than 50 of the 64 sheriffs opposed the legislation, as did the Denver and Aurora police unions.  The ACLU has opposed legislation in other states such as Rhode Island.  And people have been killed having these Red Flag orders served, such as happened in Maryland when a woman ERPO’d her brother after a family dispute. She later admitted she did not believe he would have hurt a fly, but he was killed when he refused to turn over his guns. Trading death for death is never the answer. The lives of gun owners do not matter less than the lives of anyone else.

We should also always remember in the “do something” era, passing feel good, knee jerk, virtue signaling legislation is a waste of valuable time and resources that could be used to actually DO SOMETHING, for example Maine passed a completely different proper adjudication law to address the same issue.  You can learn about that by listening to this podcast here.

And let us never forget…

Recalls, Recalls, Recalls! What You Need To Know

After one of the most hyper-partisan elections Colorado has ever witnessed, the 2019 legislative session was one for the history books.  With Governor Jared Polis signing into law 456 new pieces of legislation, including HB19-1177 “Red Flag” Extreme Risk Protection Orders, citizens of the state were left stunned by what had transpired.  And they’re doing something about it through several recalls that are in the works.

Here’s what you need to know about them:

Recall Governor Jared Polis

The Recall Polis campaign is a mighty feat, and if you were paying attention on social media when it launched, you know it got off to a rocky start with three recall groups struggling to work together.  Although the dust has settled on the latter issue, the recall is still a huge task. That said, I’ve been impressed with the pure energy and grassroots effort that it has become.  In all corners of the state and along the front range, hundreds of volunteers are setting up signing locations and dedicating their summer to get this done.  They will need to collect 631,000 valid signatures by September 7th for the recall to move forward.  If they succeed, a special election will take place in which voters will be asked if they want to recall the governor; and a second question asking if the governor is recalled, who they would want to replace him.  I’ve heard very little about possible candidates, so I suppose we’ll cross that bridge if we get there.

The initial conflict of the Recall Polis campaigns had some people believing the petitions were fake or that if they signed it, they would lose their opportunity to sign the “real” petition.  I have no opinions about the groups involved, but what I do know is the petition being circulated is legit and is the only Recall Polis petition available.  The group has said if they do not collect enough signatures in the time allotted they will not turn them in, which means any other group could start another recall and anyone who already signed would be able to sign again.

There are hundreds of signing locations available daily all over the state.  To find signing locations click here.

Recall State Senator Pete Lee

State Senator Pete Lee also has an active recall. Lee sits in El Paso county’s SD-11 which encompasses Central and West Colorado Springs, Down Town, The Older part of Colorado Springs By Colorado College, Manitou Springs, Old Colorado City and more. This is also the same seat State Senator John Morse was recalled from in 2013 after he supported a package of gun control bills.  Senator Pete Lee was a strong proponent of HB19-1177 “Red Flag” ERPO during the 2019 legislative session, even after the local newspaper encouraged him to vote with his constituents and not his party. It’s a little more difficult to find recall signing locations for Lee, but more information and a contact form can be found here.  I’ve also been told petitions are available at Specialty Sports & Supply (4285 E Fountain Blvd, Colorado Springs, CO 80916) from 3 – 5pm M-F, or Western Insurance Solutions (4740 Flintridge Dr, Colorado Springs, CO 80918) from 9am – 5pm M-F.

Recall State Senator Brittany Pettersen

State Senator Brittany Pettersen was not only a supporter of Colorado’s “Red Flag” legislation, she sponsored it.  And now there is an active recall against her.  She sits in SD22, which encompasses part of Jefferson County. The number of times she mocked the concerns of gun owners was simply shocking – even abused women who spoke of their fear an abuser could legally disarm them through the red flag law.  She is quoted as saying “This bill is not about mental health, it is about taking away guns.”  Finding information about the signing locations for her recall has proven to be difficult, as most petitioners are going door to door.  If you are in her district and want to sign or carry a petition, I’d suggest using the contact form on this webpage.

Recall Douglas County Sheriff Tony Spurlock

Republican Sheriff of Douglas County, Tony Spurlock, led the path for HB19-1177 “Red Flag” ERPO.  The bill is named after a deputy of his, Zackari Parrish, who died in the line of duty.  The bill is supposed to prevent situations like the one Deputy Parrish walked into from happening, but instead it created a disaster that will not only put law enforcement in harms way, but citizens too.  Sheriff Tony Spurlock helped pass a law that was opposed by over 50 of Colorado’s 64 sheriffs along with the Denver and Aurora Police Unions because they know how dangerous it is to those in the line of duty.  The law is grossly unconstitutional, violating multiple rights of citizens.  And Spurlock worked hand in hand with Moms Demand Action, Bloomberg’s well funded astroturf arm of Everytown for Gun Safety, to pass it into law.  Spurlock needs to go.  A well organized effort is underway to recall him with petitions expected to drop by September.  Organizers are asking those anxious to sign to be patient, as they have a plan – and they do.  If you are in DougCo and want to sign a petition, you can pre-register here.  You can also sign up to volunteer and/or make a donation at www.recallspurlock.org.  Follow the effort on Facebook here.

What is a valid signature?

A valid signature is from a Colorado voter who is registered to vote in the district of the recall, or for the Recall Polis any Colorado resident who is registered to vote in the state.  When signing, their name, address, and signature must match that of their voter registration.  It is important that nicknames aren’t used, and that if the voter has moved recently, they use the address where they are registered to vote on the date they are signing.  If they have recently moved to the recall district, they will need to update their voter registration with their new address before signing the petition.

CLICK HERE to check your voter registration and/or make changes.
CLICK HERE to register to vote.

Everyone has differing opinions on recalls.  My opinion is simple. If you support the effort, sign the petition.  If you don’t support it, don’t sign it.  

Pueblo, CO City Council SHUTS DOWN Public Comment On SECOND AMENDMENT SANCTUARY Resolution

pueblo city council denies attendees to speak on second amendment rally for our rights

In March, during the heart of the “Red Flag” ERPO debate, Pueblo City Council Member Mark Aliff announced he would be presenting a Second Amendment Sanctuary resolution at the March 25th regularly scheduled council meeting.  This was on the heels of over half the counties in Colorado adopting similar resolutions, as well as many municipalities, in response to a poorly written and downright dangerous piece of legislation Democrats in the Colorado legislature were considering – HB19-1177 “Red Flag” Emergency Risk Protection Orders ERPOs.  This bill did pass by one vote with all Republicans and three Pueblo Democrats voting against it. It is awaiting the governor’s signature.

I attended the Pueblo City Council Meeting with friends from Pueblo, and I witnessed first hand a gross abuse of power via manipulation of standard protocol, effectively silencing those who were there to speak on the resolution.  It was blatantly obvious this was planned prior to the meeting and I have submitted a Colorado Open Records Act (CORA) request with the city to find exactly what went down.

Here’s a synopsis of how the meeting went:

• The announcement of the resolution came approx one week prior to the meeting.  Communication with the council member presenting the resolution told us comment on the resolution would be taken during general public comment at the beginning of the meeting.  This is standard for anything unless it is a specific hearing on an ordinance, as is outlined in council rules.

• Upon arrival, it was discovered public comment on this topic only was moved to later in the meeting when the resolution would be be discussed.  A separate sign up was used for this one topic, and anyone who had signed up for public comment on this topic was reserved to include with the others.

• In the past if public comment was to be taken at the time the resolution is presented, that comment is given PRIOR to the motion being moved.  In this case, they moved the motion first, then asked for a second, which didn’t come and the council president found that as terms for denial of the resolution that no one had been allowed to speak to!  This is unbelievable, as the job of city council is to act on behalf of the citizens. If they do not even allow citizens to speak, they cannot and do not represent them.

• Many people in attendance were angry.  Everyone left the room where local media interviewed people from both sides of the issue.  After attendees left, the council continued to discuss what had just happened, with the main discussion participants being the city attorney, council president Dennis Flores, and the council member who put forth the resolution, Mark Aliff.

Watch the video for yourself to see how despicable these antics were, then scroll down to learn what you can do.

Here’s what you can do:

Attend the next city council meeting and sign up to speak during public comment.  Let them know EXACTLY what you think of this power move.

Monday, April 8th, 7:00pm
1 City Hall Place
3rd Floor
Pueblo, CO 81003

Contact all city council members by email and phone.

Bob Schilling
719-250-4520
[email protected]

Larry Antencio
719-248-9141
[email protected]

Ed Brown
719-671-7450
[email protected]

Ray Aguilera
719-415-0400
[email protected]

Dennis Flores
719-406-9852
[email protected]

Chris Nicol
719-924-5449
[email protected]

No time to contact them all individually?  Copy/paste this email list and send your email to them all!

[email protected], [email protected], [email protected], [email protected], [email protected], [email protected]

Get connected with Rally for our Rights on social media and donate to help keep up going and growing.

Red Flag ERPO Bill Passes Colorado State Senate BY ONE VOTE!

ERPO Red Flag Passes Colorado Senate Rally for our Rights

HB19-1177 “Red Flag” Emergency Risk Protection Orders ERPO bill just passed the Colorado state senate by ONE VOTE! 18-17.

All Republicans and one Democrat voted against it in the Senate. It has already passed the House with all Republicans and two Democrats voting NO. Because it does have Senate amendments, it will go back to the house to vote on those amendments before making it’s way to the governor’s desk.

From here, I’ll be working with law enforcement across the state to put pressure on Governor Polis to either veto the bill, or send it back to the legislature for re-consideration. This effort will be BIG! How privileged are those lawmakers to pass law they will never have to enforce, while those who will have to enforce it are saying NO. I will also be working with the sheriffs to request an injunction that would prevent it from becoming law (if signed, it would officially become law on Jan 1, 2020).  Pledge your support for recalls here!

CONTACT GOVERNOR JARED POLIS AND ASK HIM TO VETO HB19-1177!

Phone: 303-866-2471
Online Contact: www.colorado.gov/governor/share-your-comments
Facebook: www.facebook.com/PolisForColorado

Just like all of you, I’m furious. This piece of legislation is unbelievably bad. Although I will say in this current hyper-partisan body of government, I am proud of how far we have pushed this narrative, that votes were tough to get, and that Democrats crossed party lines in opposition, right down to it passing by a single vote. We are setting brushfires and this vote has only fueled those fires. We’re just getting started.

Feel free to use this post as a place to sound off. Let us know what you’d like to see next. We have a big event in the works that we’ve been waiting to announce based on this vote. Details coming soon on that.

In Freedom,
Lesley Hollywood, Rally For Our Rights Founder

ERPO Red Flag Passes Colorado Senate Rally for our Rights

MUST WATCH! CO State Senator Kerry Donovan Is Called Out By Her Sheriff Over RED FLAG BILL And Loses It On Constituents!

This past Saturday I traveled to Salida, CO attend a town hall hosted by State Senator Kerry Donovan.  Donovan is a rural Democrat who has vote with Republicans on gun issues in the past.  Her district is largely pro-gun, and she knows it.  She also knows HB19-1177 “Red Flag” Emergency Risk Protection Orders ERPO is DANGEROUS POLICY for her gun owning constituents.  She should do the right thing and vote NO on this bill.  It is her duty as a representative of the communities she represents, including the sheriffs who oppose this legislation on safety grounds.  

Last Friday during the “Red Flag” ERPO Senate Floor debate, Donovan stated that she had spoken to Chaffee County Sheriff John Spezze, as well as the county commissioners, and that they DID NOT oppose HB19-1177 and would NOT be adopting Second Amendment Sanctuary status.  But at her town hall the truth came out when the sheriff himself stated they had never had a conversation, that he opposed the bill, and that he would be asking his commissioners to seek Second Amendment Sanctuary status.  This was backed up by one of the county commissioners.  Then she loses it on her constituents..

 

Colorado HB19-1177 “Red Flag” Emergency Risk Protection Orders ERPO will be going to a final vote any day!  Contact these lawmakers by phone and email NOW!  

Kerry Donovan
[email protected]us
303-866-4871

Leroy Garcia
[email protected]us
303-866-4878

Rachel Zenzinger
[email protected]
303-866-4840

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Here’s Why Colorado’s Red Flag ERPO Bill Is One Of The Most Dangerous In The Nation

This year’s bill is being called an “Emergency Risk Protection Order” or ERPO in an attempt to lose the negative “Red Flag” reputation.  It is also being pushed more than ever as being about suicide prevention.  Don’t let any of it fool you.  The devil is in the details; it’s in the 30 pages of bill language.  You can read a complete break down of these 30 pages here, as well as watch a video going through the language line by line.

Here’s what you’ll hear the media say this bill does:

A family member or law enforcement officer would petition a court to request the ability to immediately seize a person’s guns. If a judge signs the order, the weapons can be taken away and the court must hold a hearing within 14 days to determine whether to extend the seizure and bar the person from purchasing more firearms.”

Here’s what they wont tell you: 

• Almost anyone can request an ERPO without even showing their face or providing their address. The definition of “family or household member” is so broad it includes ex-lovers who you have never even lived with!  Or someone *claiming* you once had an affair.  And even old roommates.

• The initial report and hearing can be done over the phone, all while the accused is completely oblivious proceedings are taking place to have his or her firearms confiscated.  There is no due process at this first hearing – which is the hearing where permission is given to confiscate gun!  Even Colorado Attorney General Weiser admits to the lack of due process.  Watch his testimony here.

• The first time the accused learns someone has reported them will be when local law enforcement shows up at their door with an order AND a search warrant prepared to raid your home – while the accused never even committed a crime.  This search warrant is a BRAND NEW type of warrant that is created in the bill – a gun owner specific civil search warrant.  Read all about that here.

• 14 days later is the first time the accused will have a chance to defend themselves against this non-crime.  The burden of proof will fall on the accused, not on the petitioner who can actually provide affidavits rather than attend court!

• The guns will be confiscated for 364 days, during which time the accused only has one opportunity to ask the courts to lift the order.

• There is zero accountability for false accusers. In fact, the filing fee is $0! For comparison, requesting a Temporary Restraining Order in Colorado is $97.  Attorney General Weiser also admitted false claims will be par for the course. Listen to his statements here

• This bill is being touted as a “suicide prevention” bill, when in fact, the fear of having your firearms confiscated will make people terrified to ask for help when they need it, and will undoubtedly escalate situations rather than deescalate them..

• It is so rife for abuse, it can easily be used by someone’s stalker or abuser to have their victim disarmed – legally.

• The ERPO will go on a person’s permanent record EVEN if it is dismissed, meaning it will show up on background checks, etc.

Read a complete write up of the bill here: www.rallyforourrights.com/colorados-red-flag-erpo-worse-than-you-think

Colorado AG Admits To False Claims, Lack Of Due Process As “Red Flag” ERPO Bill Heads To Senate Floor

Colorado AG Admits To False Claims, Lack Of Due Process As "Red Flag" ERPO Bill Heads To Senate Floor

Last Friday, March 15th, after nearly ten hours of testimony, HB19-11477: “Red Flag” Emergency Risk Protection Orders ERPO bill passed out of the Colorado Senate State, Veterans, and Military Affairs committee on a 3-2 party line vote. It will be headed to the Senate floor for a full vote in the coming days.  Right now it is critical we contact our State Senators and ask them to oppose this bill, HB19-1177. You can find contact info here, or use the copy/paste email list provided below. 

During this marathon hearing, we heard testimony after testimony from gun owners discussing everything from personal experiences of domestic violence and stalkers – and fears this law would be used to disarm victims, to recounts of SWAT escalating suicide situations.  Concerns the “mentally ill” label in the bill could be used against those in the LGBTQ community, to sound Constitutional arguments.  The testimony was powerful – and on point.

Bill proponent, Douglas County Sheriff Tony Spurlock gave a bizarre and unraveling testimony which you can watch here.

But besides Spurlock, one of the most alarming testimonies was given by Colorado State Attorney General Phil Weiser.  During his testimony, he nonchalantly admits this bill will be imperfect, that false accusations are just par for the course, and he oddly compares it to copyright infringement claims.  I have no idea how he thinks removing copyrighted material from a website based on false claims is at all the same as confiscating an innocent person’s firearms. But apparently he does. He then goes on to make it clear, should this law pass, sheriffs and law enforcement must enforce it until it’s determined to be unconstitutional in the courts, which would be years. 

Watch the the video below for his testimony highlights. His full testimony can be found here.

And when you’re done watching the video, email and call these State Senators and ask them to vote NO on HB19-1177:

Leroy Garcia
[email protected]
303-866-4878

Kerry Donovan
[email protected]
303-866-4871

Rachel Zenzinger
[email protected]
303-866-4840

Dominick Moreno
[email protected]
303-866-4857

And copy/paste this entire email list as well:

[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
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[email protected],
[email protected],
[email protected],
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[email protected],
[email protected],
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[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected]

Red Flag ERPO Bill Creates New “CIVIL” Search Warrant Specific To Colorado Gun Owners

Red Flag ERPO Bill Creates New “CIVIL” Search Warrant Specific To Colorado Gun Owners : Rally for our Rights

Buried deep inside the 30 pages of Colorado’s HB19-1177: “Red Flag” Emergency Risk Protection Orders bill language is one of the most frightening – and unconstitutional – aspects of the proposed legislation.  They are creating a new type of search warrant in the state that would be specific to gun owners only: a civil search warrant.  This civil search warrant would be issued along with the initial temporary ERPO, meaning the very first contact between law enforcement and the accused would be a search of the home with the goal being to confiscate firearms.

Currently, with very few exceptions, search warrants are only issued for criminal reasons.  According to mountains of existing case law, search warrants are granted by convincing a neutral and detached magistrate that they have probable cause to believe that criminal activity is occurring at the place to be searched or that evidence of a crime may be found there. Anything that strays from this definition is a blatant violation of the Fourth Amendment.  

Considering ERPO’s would be issued based on accusations by a petitioner over the phone with a $0 filing fee and only requires substantial evidence, this new gun-owner-specific search warrant is more than troubling, it is downright dangerous.  Especially when factoring in who can petition the court for an ERPO, that being: a family member, a spouse, a girlfriend/boyfriend, an ex-spouse, an ex-girlfriend/boyfriend, a roommate, a former roommate, anyone the accused has been intimate with even if they have never resided together, grandparents, stepparents, stepchildren, step-siblings, and anyone in law enforcement. 

The accusations can range from fear someone will harm themselves, or harm others (and not necessarily with a firearm), to simply owning a gun or talking about purchasing one.

I’ve been writing and hitting the airwaves talking about Colorado’s proposed version of a Red Flag Law extensively since the bill was introduced last month, and have said again and again it is one of the most dangerous and overreaching versions I have seen across the country.  This new gun-owner-specific civil search warrant is part of the reason.  Nevertheless, I decided to research if any other states have anything similar tied in with their Red Flag laws, and came up empty handed.  In fact, during my research into civil search warrants, the only examples I could find of them were with intellectual property, and even then they require clear and convincing evidence in order to be granted HB19-1177 only requires substantial evidence to have the warrant issued, and it is not intellectual property being seized – it is real property that is constitutionally protected under the Second Amendment.

So, what’s the difference between “Substantial” and “Clear and Convincing”?

Substantial Evidence: Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.”  This level of evidence is often used in administrative cases such as DMV hearings, or determining unemployment benefits.

Clear and Convincing:  The clear-and-convincing-evidence standard goes by descriptions such as “clear, cogent, unequivocal, satisfactory, convincing” evidence. Generally, this standard is reserved for civil lawsuits where something more than money is at stake, such as civil liberties.

Scary stuff, right?  THIS is why nearly half the counties across Colorado have declared themselves Second Amendment Sanctuaries, with their sheriffs leading the way.  Most county sheriffs read this bill and say “No Way”.  They understand how unconstitutional it is, as well as how dangerous the outcomes can be for both those being accused and law enforcement officers who will be expected to raid someone’s home based on the same level of evidence needed to approve an unemployment application which can be presented by a scorned lover over the phone for $0.

Fourth Amendment to the United States Constitution: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Watch this video to hear the bill proponents and sponsors explain this new search warrant in detail…

What else is so bad about this bill?  Well, nearly everything.

This year’s bill is being called an “Emergency Risk Protection Order” or ERPO in an attempt to lose the negative “Red Flag” reputation.  It is also being pushed more than ever as being about suicide prevention.  Don’t let any of it fool you.  The devil is in the details; it’s in the 30 pages of bill language.  You can read a complete break down of these 30 pages here, as well as watch a video going through the language line by line.

Here’s what you’ll hear the media say this bill does:

A family member or law enforcement officer would petition a court to request the ability to immediately seize a person’s guns. If a judge signs the order, the weapons can be taken away and the court must hold a hearing within 14 days to determine whether to extend the seizure and bar the person from purchasing more firearms.”

Here’s what they wont tell you: 

• Almost anyone can request an ERPO without even showing their face or providing their address. The definition of “family or household member” is so broad it includes ex-lovers who you have never even lived with!  Or someone *claiming* you once had an affair.  And even old roommates.

• The initial report and hearing can be done over the phone, all while the accused is completely oblivious proceedings are taking place to have his or her firearms confiscated.

• The first time the accused learns someone has reported them will be when local law enforcement shows up at their door with an order AND a search warrant prepared to raid your home – while the accused never even committed a crime.

• 14 days later is the first time the accused will have a chance to defend themselves against this non-crime.

• The guns will be confiscated for 364 days, during which time the accused only has one opportunity to ask the courts to lift the order.

• There is zero accountability for false accusers. In fact, the filing fee is $0! For comparison, requesting a Temporary Restraining Order in Colorado is $97.

• This bill is being touted as a “suicide prevention” bill, when in fact, the fear of having your firearms confiscated will make people terrifed to ask for help when they need it.

• It is so rife for abuse, it can easily be used by someone’s stalker or abuser to have their victim disarmed – legally.

• The ERPO will go on a person’s permanent record EVEN if it is dismissed, meaning it will show up on background checks, etc.

How can you help stop this bill? 

Attend the hearing at the Colorado State Capitol tomorrow, Friday March 15th, 9am in the Colorado Senate State, Veterans, and Military Affairs committee.  Come to either show support for those in opposition, or prepared to testify with a one to three minute statement about why you oppose it.

Call and email the members of that committee along with the senate president IMMEDIATELY and ask them to oppose this bill, HB19-1177.

Phone numbers for each member can be found here, and please add Senate President Leroy Garcia to your phone calls: 303-866-4878.

Here is an easy copy/paste to email the entire committee and senate president all at once. Even if you ARE attending the hearing, please make contact this way as well:

[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected]

Get more information about the hearing here.

RSVP for the hearing on Facebook here.

 

red flag erpo colorado

More Than Half Colorado Counties Say WE WILL NOT COMPLY To Red Flag Law Should It Pass

Colorado Counties Say WE WILL NOT COMPLY To Red Flag Law Should It Pass : Rally for our Rights

(red counties have passed resolutions, yellow counties sheriffs oppose but county has not taken action, gray counties sheriffs support, white is unknown)

UPDATED July 13th, 2019

Recently we reported when two Colorado counties passed resolutions declaring themselves Second Amendment Sanctuary Counties, and since then that number has grown to over half of Colorado’s counties that have either passed a resolution or are poised to pass one at an upcoming meeting.  In addition, both the Denver and Aurora Police Unions expressed their opposition in a press release.

Wondering what a Second Amendment Sanctuary County means?  In nearly all of these instances, these efforts are being led by the county sheriff, then joined by the county commissioners, who say no county funds will be used to process ERPO’s or store confiscated weapons, and that the right to keep and bear arms extends to all citizens of the county.  How far will YOUR sheriff go to not comply should HB19-1177 become law?  Well, it varies and I’d suggest asking them yourself for more specific clarificiation.

Here’s the scoop on the current list of Second Amendment Sanctuary counties:

Garfield County: Passed Resolution April 8, 2019
Las Animas County: Passed Resolution April 3, 2019
Phillips County: Passed Resolution April 3, 2019
Morgan County: Issued Statement April 3, 2019
Bent County: Passed Resolution March 27, 2019
Sedgwick County: Passed Resolution March 20, 2019
Montrose County: Passed Resolution March 20, 2019
Mineral County: Passed Resolution March 19, 2019
Lincoln County: Passed Resolution March 19, 2019
Archuleta County: Passed Resolution March 19, 2019
Delta County: Passed Resolution March 19, 2019
Logan County: Passed Resolution March 19, 2019
Huerfano County: Passed Resolution March 19, 2019
Crowley County: Passed Resolution March 18, 2019
Jackson County: Passed Resolution March 14, 2019
Rio Grande County: Passed Resolution March 13, 2019
Elbert County: Passed Resolution March 13, 2019
Alamosa County: Passed Resolution March 13, 2019
Washington County: Passed resolution March 12, 2019
Douglas County: Passed resolution March 12, 2019 (Sheriff not in support)
Dolores County: Passed resolution March 12, 2019
El Paso County: Passed resolution March 12, 2019 (Sheriff may still enforce law or parts of law)
Prowers County: Passed resolution March 11, 2019
Cheyenne County: Passed resolution March 8, 2019
Park County: Passed resolution March 7, 2019
Teller County: Passed resolution March 7, 2019
Baca County: Passed resolution March 6, 2019
Conejos County: Passed resolution March 6, 2019
Kit Carson County: Passed resolution March 6, 2019
Weld County: Passed resolution March 6, 2019
Moffat County: Passed resolution March 5, 2019
Montezuma County: Passed resolution Feb 28, 2019
Custer County: Passed resolution Feb 28, 2019
Kiowa County: Passed resolution Feb 28, 2019
Fremont County: Passed resolution Feb 26, 2019
Rio Blanco County: Passed resolution May 21, 2018
Otero County: Passed resolution in 2013, although they commissioners and sheriff are refusing to draft language specific to HB19-1177

These municipalities have joined with their counties:

Craig, CO: Passed resolution March 11, 2019
Canon City, CO: Passed resolution March 18, 2019
Milliken, CO: Passed resolution March 27, 2019
Silver Cliff, CO: Passed resolution April 1, 2019
Lamar, CO: Set to pass resolution
Greeley, CO: Considering

Colorado Counties Say WE WILL NOT COMPLY To Red Flag Law Should It Pass : Rally for our Rights

The following counties are considering implementing similar resolutions or their sheriff is in opposition:

Adams County

Adams County Sheriff Rick Reigenborn stated on Facebook that he has not been up to speed on the Red Flag Bill, but upon further review he agrees Sheriff Reams brings up a lot of important issues, and as written, he opposes the bill as well.  He believes there are many flaws.

Eagle County

In Eagle County the sheriff came out the day the governor signed the bill with a very thorough analysis of why he is now in opposition of the legislation as written.  That can be found here.

Routt County

The Routt County sheriff has publicly stated that he supports the concept of a Red Flag Law, but finds HB19-1177 deeply flawed with many potential problems.

Ouray County

The Ouray county sheriff is against the bill.

Saguache County

In Saguache county, the sheriff has asked the citizens to contact their county commissioners requesting they pass a Second Amendment Sanctuary resolution.

Grand County

Grand  County Sheriff is in direct opposition of Colorado’s Red Flag law, calling it unconsituational, and the county commissioners echo his concerns.  They are determining what to do next.

Yuma County

Yuma County Sheriff T.C. Combs is working with the Yuma County Commissioners to pass a resolution making their county a Second Amendment Sanctuary.  They are currently awaiting legal advice before moving to the final vote.  All three county commissioners support the resolution.

Chaffee County

The Chaffee county sheriff said at state senator Kerry Donovan’s town hall that he is in complete opposition of Colorado’s Red Flag bill, and he joined with the commissioners to draft a letter to the legislature pointing out 14 very specific issues with this legislation. The commissioners side stepped the issue at their recent meeting and moved the issue to a public forum.

Pueblo County

The Pueblo County Sheriff has publicly voiced his opposition and two of the three Democrat county commissioner made public statements at their last county commissioner meeting that they have grave concerns with the bill (the third was not present).

Mesa County

Rose Pugliese, chairwoman of the Mesa County Board of Commissioners, said her board passed a comprehensive resolution in 2013 supporting the Second Amendment and she plans to present the newest resolution to the entire board of commissioners in the coming days.  The Mesa County Sheriff has also come out in strong opposition to the Red Flag legislation currently being considered.

Larimer County

In Larimer County, Sheriff Justin Smith has publicly stated his opposition to the current version of the Red Flag bill, and all three county commissioners (including Democrat and former State Senator, John Kefalas) have issued a letter to the Senate asking them to oppose this bill.

Jefferson County

Jefferson County Sheriff Jeff Shrader is also in public opposition to HB19-1177.  The Board of County Commissioners have yet to make a statement.  I will reach out to them as well.